The Orissa High Court has declined to grant interim relief to two aspiring judicial officers who sought permission to participate in the ongoing Odisha Judicial Service (OJS) recruitment process despite not meeting the prescribed eligibility requirement as of the cut-off date.
A Division Bench comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra passed the order while hearing an interim application filed in a writ petition challenging the validity of Rule 18(1)(a) of the Odisha Superior Judicial Service and Odisha Judicial Service Rules, 2007.
Background of the Case
The petitioners questioned the amended rule that requires candidates to possess the minimum three years of legal practice as on 1 April of the recruitment year. They argued that eligibility should instead be calculated as on the date of submission of the application.
The petitioners also sought a direction allowing them to provisionally participate in the recruitment process pending adjudication of the constitutional challenge to the rule.
During the hearing, counsel for the petitioners contended that fixing 1 April as the cut-off date was arbitrary and lacked a reasonable basis. It was argued that eligibility in recruitment matters is generally linked either to the advertisement date or the application date.
The Bench noted that the recruitment process was being conducted strictly under the existing statutory rules and that courts ordinarily avoid interfering with an ongoing selection process.
The Court observed that permitting the petitioners to participate at the interim stage could create complications, including different eligibility dates for the same recruitment exercise and uncertainty regarding similarly situated candidates.
Referring to established legal principles, the Bench remarked that
“once the game has started, the rules of the game cannot be changed midstream.”
The Court also took note of submissions from the Odisha Public Service Commission (OPSC), which stated that the online application system had been designed according to the existing rules and that any interim modification could disrupt the recruitment process.
Rejecting the argument that the cut-off date lacked justification, the Court held that the date of 1 April had been fixed in line with the commencement of the recruitment year.
The Bench observed,
“The cut-off date has been fixed only by taking into consideration first date of the starting of the recruitment year.”
It further noted that the vacancies advertised related to the recruitment year 2024-25 and that the petitioners did not possess the requisite three years of practice during that period.
The Court emphasized that fixing a cut-off date is generally a policy decision and judicial interference is warranted only when such a decision is shown to be arbitrary, unreasonable, or mala fide.
After considering the rival submissions, the Orissa High Court held that no case for interim intervention had been made out. The Bench declined to permit the petitioners to participate provisionally in the recruitment process and dismissed the interim application.
The writ petition challenging the validity of the rule has been directed to be listed for final hearing on 6 July 2026 along with connected matters.
Case Details
Case Title: Amrita Das & Another v. State of Odisha & Others
Case Number: W.P.(C) No.14928 of 2026
Judges: Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra
Decision Date: 27 May 2026
